Democratic Gov. Katie Hobbs of Arizona is set to repeal a Civil War-era ban on almost all abortions. The repeal bill, scheduled for signing on Thursday, marks the beginning of a fight to protect reproductive healthcare in Arizona. The repeal may not take effect until 90 days after the end of the legislative session, which could be in June or July. Abortion rights advocates are hopeful that a court will intervene to prevent the ban from being enforced. The effort to repeal the ban won final legislative approval in a 16-14 vote of the Senate, with two GOP lawmakers joining Democrats. The Senate vote featured emotional discussions about abortion procedures and warnings against legislating religious beliefs.
In a related development, supporters of a South Dakota abortion rights initiative submitted more signatures than required to make the ballot this fall, while a ban on most abortions after six weeks of pregnancy took effect in Florida. Democratic Arizona Attorney General Kris Mayes, an opponent of the near-total abortion ban, has stated that the dormant law could be enforced as early as June 27, though she is seeking to block enforcement until late July. The anti-abortion group Alliance Defending Freedom argues that county prosecutors can begin enforcing the ban once the Supreme Court’s decision becomes final. The ban, which dates back to before Arizona’s statehood, only allows abortions to save the patient’s life and lacks exceptions for rape or incest survivors.
Physician Ronald Yunis, a Phoenix-based obstetrician gynecologist who provides abortions, views the repeal as a positive development for women who may otherwise seek medical care in other states. Arizona is a battleground state that will play a crucial role in the next presidential election. Former President Donald Trump, who has not endorsed a national abortion ban, expressed satisfaction with the Supreme Court justices he appointed for allowing states to outlaw the procedure. President Joe Biden’s campaign sees an advantage in battleground states like Arizona due to public anger over the fall of Roe v. Wade, while the issue has caused division among Republican leaders.
The 19th-century law banning almost all abortions in Arizona had been blocked since the Roe v. Wade decision in 1973, which guaranteed the constitutional right to an abortion nationwide. After the overturning of Roe v. Wade in June 2022, then-Attorney General Mark Brnovich persuaded a state judge to allow enforcement of the 1864 ban. However, the law had not been enforced while the case was being litigated. Planned Parenthood Arizona has filed a motion asking the state Supreme Court to prevent a pause in abortion services until the repeal officially takes effect. Advocates are also collecting signatures for a ballot measure to allow abortions until a fetus can survive outside the womb, typically around 24 weeks, with exceptions for the parent’s life or health.
Republican lawmakers in Arizona are considering putting forward competing abortion proposals on the November ballot as advocates continue to push for reproductive rights protections. The ongoing battle over abortion rights in the state reflects the broader national debate on the issue. The repeal of the Civil War-era abortion ban in Arizona represents a significant milestone in the fight for reproductive rights and shows the ongoing efforts of advocates to safeguard access to healthcare for women. As the debate continues, both sides remain committed to advancing their respective positions and influencing public opinion and legislation on the issue. The outcome of these efforts will have far-reaching implications for women’s health and rights in the state and across the country.
